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HomeMy WebLinkAboutMIN 09.26.1995 CC-W&RTUESDAY, September 26, 1995 Council Present: Dick Vincent Lee Bain Doris Curl Susan Hoyt Ferd Tonn Staff Present: Bob Hart, City Manager Marianne Banks, City Attorney Sandra Lee, City Secretary Ed Barry, Dir. of Development Svcs. Susan Morgan, Dir. of Finance & Admin. Council Absent: Winfred Bonner George Arroyos Hildy Kingma, Chief Planner Travis McLain, Airport Manager Jim Briggs, Dir. of Community Owned Utilities Elizabeth Gray, Dir. of Management Svcs. Workshop --Called to order 5:50 p.m. A Governance discussion regarding conditions for model homes/Ed Barry Wood recognized Harry Savio of Capital Area Builders Association, and James Giddens and Brian Lott of Buffmgton Homes in the audience. Barry distributed to Council a memo showing the varied regulations of model homes in other cities. Regular Session - Called to order at 6:40 p.m. Executive Session B Sec.551.071 consultation with attorney C Sec.551.072 deliberation on real property D Sec.551.075 conference with employee Regular Session - Resumed at 7:15 p.m. City Council Minutes/September 26, 1995 Page 1 of 10 Pages E Action on Executive Session items There was no action taken on Executive Session items. Consent Agenda Mayor Wood pointed out that Ferd Tonn would be abstaining from Items G, H, and K of the Consent Agenda and Items GG, HH, and II of the Regular Agenda; and Doris Curl would be abstaining from Item PP on the Regular Agenda. F Consideration of approval of meeting minutes --Special Meeting of September 7, 1995 and Regular Meeting of September 12, 1995/Sandra Lee G Consideration of a resolution approving funding agreements with the following agencies to provide social services to residents of Georgetown: WBCO/Williamson County Crisis Center ($10,000.00), Literacy Council of Williamson County ($2,500.00), WBCO/Nutrition Services ($3,000.00), Stonehaven Center ($12,000.00), WBCO/Transportation Services ($5,000.00), the Williamson County and Cities Health District ($22,500.00), and the Georgetown Information and Volunteer Exchange ($10,000.00)/Hartley Sappington H Consideration of a resolution approving a lease agreement with Williamson -Burnet County Opportunities, Inc. (WBCO), to operate the Madella Hilliard Neighborhood Center/Hartley Sappington I Consideration of a resolution approving a funding agreement with the Georgetown Heritage Society for administrative services/Molly Alexander and Hartley Sappington J Consideration of a resolution approving a lease agreement with the Georgetown Heritage Society/Hartley Sappington K Consideration of a resolution approving a lease agreement with the Georgetown Optimist Club/Hartley Sappington L Consideration of approval of a funding agreement with the Georgetown Industrial Foundation/Bob Hart M Authorization for Councilmembers to attend the National League of Cities Annual 3volum mil i1Tmi N Consideration of award of annual bid for gasoline and diesel fuel to Triple S Petroleum in the estimated annual amount of $79,000.00 for unleaded gasoline and $19,000.00 for diesel fuel/Terry Jones and Susan Morgan City Council Minutes/September 26, 1995 Page 2 of 10 Pages O Consideration of award of annual bid for emulsion to Koch Materials in the estimated amount of $18,562.00/Terry Jones and Susan Morgan P Consideration of an award of bid to Commercial Electronics Corporation in the amount of $43,544.00 for a digital recorder/Terry Jones and Larry Hesser Consideration of an award bid for all lines of property and casualty insurance for FY' 96 in the estimated amount of $252,440/Elizabeth Gray R Consideration of approval of Amendment No. 3 to the contract between OMI and the City of Georgetown in the amount of $825,345.00/Jim Briggs S Consideration of declaring surplus equipment and authorizing staff to negotiate a contract for auctioneer services/Terry Jones and Susan Morgan T Pulled. (See Regular Agenda) U Pulled. (See Regular Agenda) V Pulled. (See Regular Agenda) W Pulled. (See Regular Agenda) X Consideration of a resolution expressing official intent to reimburse costs of certain street capital improvement projects not to exceed $1,370,000 with proceeds from bonds that will be issued at a later time/Susan Morgan and Bob Hart Y Consideration of a resolution authorizing the City Attorney to issue a quitclaim deed to be filed abandoning portions of Eighth Street, Clamp Street, and an alley, all east of the MK&T Railroad/Marianne Banks Z Consideration of a license to encroach into the side public utility easements at Lots 1-24, Block G, Smith Branch Park Subdivision/Hildy Kingma and Ed Barry AA Consideration of a release of special assessment lien for Southwestern University property/Marianne Banks Motion by Vincent, second by Bain to approve the Consent Agenda with the exception of Items T, U, V, and W. Approved 5-0. (Arroyos and Bonner absent) Regular Agenda City Council Minutes/September 26, 1995 Page 3 of 10 Pages T Consideration of a detailed development plan for Lake Aire Subdivision, Sections One and Two, and ratification of variances to the Subdivision Regulations/Hildy Kingma and Ed Barry (Pulled by Bain) Bain asked for clarification of the recommendation regarding parking. Kingma replied that the preschool is required to have six parking spaces, but it will be allowed for them to do a shared parking easement with the shopping center. Bain also stated that he had concerns about the driveway cuts onto Williams Drive. Kingma replied that the Planning and Zoning Commission determined to address the driveway cuts at the time of significant development. Bain questioned and was assured that the requested development plan would coordinate with the completion of Dawn Drive. Motion by Vincent, second by Curl to approve the Detailed Development Plan and ratify the variances to the Subdivision Regulations. Approved 5-0. U Consideration of a preliminary plat of 27.51 acres in the John Sutherland Survey, to be known as Fountainwood Estates, Phase 5; and variances to the Subdivision Regulations/Hildy Kingma and Ed Barry (Pulled by Bain) Bain commended the builder for applying for variances and verified with Kingma that staff and Planning and Zoning Commission were satisfied with the results of the recommended variances. Motion by Vincent, second by Curl to approve the preliminary plat and variances to the Subdivision Regulations. Approved 5-0. V Consideration of a detailed development plan for City of Georgetown, Block 14, Lot 1 and part of Lot 8; and approval of variances to the Subdivision Regulations, located at 302 South Austin Avenue/Hildy Kingma and Ed Barry (Pulled by Bain) Bain asked and was told that the staff and the Planning and Zoning Commission were in agreement on this approval. He asked if there would be parking problems for adjacent property owners. Kingma replied that the applicant was actually providing 13 parking spaces which is 3 more than the required 10 spaces. She said the applicant is hoping that because of the site being within walking distance of the courthouse and most of downtown Georgetown, many people will walk and not require a parking place. Bain asked how the one-way designation would be handled. Kingma replied that there would be painted arrows on the pavement and signage. Motion by Hoyt, second by Vincent to approve the detailed development plan and variances to the Subdivision Regulations. Approved 5-0. Kingma asked Council's opinion on how to handle similar items in the future having to do with the new provisions adopted in January regarding short -form detailed development plans or "mini D.D.P." The new provisions were adopted to assist redevelopment. If a building City Council Minutes/September 26, 1995 Page 4 of 10 Pages has been vacant for two years or more or if the use will significantly change with the new application, the applicant is allowed to choose one of the elements that is 50% or more deficit, bring it to 100% compliance, and then ignore compliance with other elements. Because the ordinance was not really clear, Kingma asked Council if they feel that this would disallow the applicant from requesting variances on that D.D.P. Barry added that this might mean that meeting one standard 100% could leave another issue in substandard condition. After Council discussion, it was generally felt that each application would have to be handled on a case-by-case basis. W Consideration of a variance to the Subdivision Regulations for a 2.0 acre tract in the Clement Stubblefield Survey to be known as Good Luck Subdivision/Hildy Kingma and Ed Barry (Pulled by Bain) Bain questioned the difference between the recommendations of the staff and the Planning and Zoning Commission. Kingma explained that the applicant's request is to take the waterline from Highway 265 to the northeast corner of their property. The ordinance requires that the waterline be extended to the far edge of the property. The Planning and Zoning Commission recommends that the applicant extend the waterline to the western edge of the property. The applicant agreed to comply. The Staff feels that the waterline should be extended across the back of the property to the northwest corner and down the western side to Highway 29, thereby making it more readily accessible to other property owners. Don Bizzell, engineer for the applicant, explained that the additional waterline would cost the applicant approximately $15,000. He offered to provide easements around the edge of the property that would allow the City to enter and extend the waterline. Bain asked why the existing waterline was on Highway 265 instead of Highway 29. Briggs explained that it is a link for the West Loop waterline that serves as a transmission line from Rabbit Hill to Serenada. Bain asked why there was objection to the positioning of the fire hydrant. Staff replied that it was a safety issue concerning the way the fire truck would have to enter the property and pass the burning structure to connect with the hydrant, if it were left on the back line of the property. Motion by Vincent, second by Hoyt to approve the variance as posted in the agenda. Approved 5-0. Regular Agenda BB Citizens wishing to address the Council Bill Miller of 30303 Oak Tree Drive, in Berry Creek Subdivision, told the Council that he and other people living in the ETJ feel disenfranchised without representation on the City Council Minutes/September 26, 1995 Page 5 of 10 Pages City Council. Wood recommended that staff review the memberships of the boards and commissions to see if more ETJ representatives could be added. Frank Parmenter of 4106 Sequoia Trail East, in Serenada Subdivision, asked the Council to consider a change in format for the Council Agenda to allow placement of "Citizens wishing to address the Council" before the Consent Agenda, giving an opportunity for comment on those particular items before the Council takes action on them. Wood acknowledged that was a good idea. He and Hart agreed the next Council Agenda would reflect that change in format. CC Mayor, Council, City Manager, and staff comments and reports Curl suggested that the City include in each year's budget a scheduled maintenance program for City -owned facilities such as the Madella Hilliard Center. Wood suggested that should be an item discussed at the next Budget Retreat. Tonn asked if the City should lease out the house on Austin Avenue that was being used by the GIVE. Board and United Way, since the GIVE. Board has now moved out and United Way will be moving to a new facility soon. Hart replied that Habitat for Humanity is still using office space at that location. Wood questioned if the City were going to lease the house recently acquired with the property acquisition on FM 971. Hart and Banks stated that the City was in the process of listing the house and some of the acreage for sale. ® Silver Circle Award (to be presented at the next Council Meeting) DD Consideration of granting a certificate of occupancy to allow a model home to operate at 1000 Woodview Drive/Hildy Kingma and Ed Barry Following lengthy discussion, when asked by Wood for his recommendation, Hart suggested that the certificate of occupancy be granted provided that no parking is allowed on Rockcrest; one of the planters is moved from the driveway, thereby allowing a car to be parked in that space; two cedar trees are removed from the corner of the lot; the outside lighting is adjusted so as not to interfere with the neighbors; the length of time that the model home will be permitted to remain is 12 months with extensions possible; and "no parking "signs are installed on Rockcrest by the City at the cost of the builder. Motion by Hoyt, second by Tonn to approve the certificate under the above -listed conditions. Approved 5-0. EE Second reading of an ordinance to rezone Stonehedge Subdivision, Sections One and Two from A, Agricultural to RS, Residential Single Family/Ed Barry and Hildy Kingma City Council Minutes/September 26, 1995 Page 6 of 10 Pages Kingma read the caption. The word "deed" will be changed to "plat." Bain questioned the difference in the impervious coverage. Kingma explained that Sections 1 and 2 had been platted at 45% impervious coverage, but now, due to the changes in the regulations, any future undeveloped land would be held to 40% impervious coverage. Motion by Tonn, second by Curl to approve Ordinance 95-45 on second reading. Approved 5-0. FF Consideration of variances to the Design Standards of the Subdivision Regulations for Parkview Estates, Section 5, Block A, Lot 13; located at North Austin Avenue and FM971/Hildy Kingma and Ed Barry Kingma explained that the variances are being requested before the detailed development plan is submitted. She stated that the ordinance establishes standards for driveways, and that according to the ordinance, only one driveway would be permitted on FM 971. Kingma said that the Planning and Zoning Commission, primarily consistent with the staff's recommendation, is that the proposed driveway onto Austin Avenue be allowed provided it is shared with the adjacent property owner; and allowing two driveways on FM 971, provided the standards are met for the distance of separation between the two driveways and that one driveway is restricted to emergency vehicle use only. Kingma stated that the proposed owner/applicant plans to build a nursing home and an assisted living center and- they ndthey are willing to comply with the restrictions placed by the Planning and Zoning Commission. Ercel Brashear, current owner of the property, asked the Council to allow the driveways as proposed without restriction because the property was platted in 1985, and at that time, curb cuts were allowed every 100 feet. He added that certain notes had been written onto and recorded with the plat that allowed two curb cuts on FM 971 and one on Highway 81, and determined the distance to be allowed between the curb cuts. He asked the Council to decide if they would enforce the decisions made in 1985, or uphold the new Subdivision Regulations which require the separations to be 450 feet between driveways and 400 feet between driveways and intersections. Brashear said that the original owner had spent $1 million to put in streets, sewer, water, electric, drainage improvements, etc. based on those plat notes. He told Council there were also other notes on the plat that require the owner to maintain greenbelts, put in fences, and put in sidewalks. He asked Council to address the broader issue of whether the notes recorded with the plat are considered to be binding. Motion by Tonn, second by Bain to approve the request for curb cuts, (one on Highway 81 and two on FM 971, one being a shared driveway a minimum of 300 feet from the centerline of Highway 81, with a minimum of 200 feet between cuts) and to disregard the restrictions placed by the Planning and Zoning Commission, Opposed 2-3 (Curl, Hoyt and Vincent opposed) City Council Minutes/September 26, 1995 Page 7 of 10 Pages Motion by Bain, second by Tonn to allow two curb cuts on FM 971, with a distance of 360 feet from the edge of the property to the first cut, a minimum of 200 feet between the cuts, and a shared cut on Highway 81, consistent with the original application. Approved 5-0. Recessed at 9:15 p.m. - Resumed at 9:27 p.m. GG Second reading of an ordinance extending the time period for Southwest Georgetown Industrial District/Marianne Banks Banks explained that the agreements were combined at the request of the applicants (Georgetown Railroad and Texas Crushed Stone). Motion by Vincent, second by Hoyt to approve Ordinance 94-46 on second reading. Approved 4-0. (Tonn abstained) HH Consideration of approving an agreement with Leroy and Merle Weir Charitable Trust for the second extension of Southwest Georgetown Industrial District/Marianne Banks Banks explained that the entity is the same, but the name had changed. Motion by Curl, second by Bain to approve the agreement. Approved 4-0. (Tonn abstained) II Consideration of approving an agreement with Texas Crushed Stone Company and Georgetown Railroad Company, Inc., for the second extension of the Southwest Georgetown Industrial District/Marianne Banks It was explained that this agreement included a donation of right of way from Railroad Street and Leander Road to FM 1460, and $100,000 cash. Motion by Bain, second by Vincent to approve the agreement. Approved 4-0. (Tonn abstained) JJ Second reading of an ordinance amending the 1994/95 Annual Operating Plan Element (budget) to offset variances in various fund budgets for increases in expenditures that are tied to service requests or revenue collection rates, to properly account for grant expenditures, and to reclass expenditures between funds/Micki Rundell and Susan Morgan Morgan read the caption. Motion by Tonn, second by Hoyt to approve Ordinance 95-47 on second reading. Approved 5-0. KK Second reading of an ordinance adopting an Annual Operating Plan Element of the Georgetown Century Plan (budget) for the fiscal year beginning October 1, 1995, and ending September 30, 1996; adopting the Annual Amendment to the Century Plan/Susan Morgan and Bob Hart Morgan read the caption. Motion by Vincent, second by Hoyt to approve Ordinance 95-48 on second reading. Approved 5-0, City Council Minutes/September 26, 1995 Page 8 of 10 Pages LL Second reading of an ordinance amending Sec.2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances/Susan Morgan and Bob Hart Morgan read the caption. Motion by Tonn, second by Curl to approve Ordinance 95-49 on second reading. Approved 5-0. MM Second reading of an ordinance levying a tax rate for the City of Georgetown for the tax year 1995/Susan Morgan and Bob Hart Morgan read the caption. Motion by Hoyt, second by Curl to approve Ordinance 95-50 on second reading. Approved 5-0, NN Second reading of an ordinance amending solid waste disposal rates/Susan Morgan and Bob Hart Morgan read the caption. Motion by Tonn, second by Hoyt to approve Ordinance 95-51 on second reading. Approved 5-0. 00 Second reading of an ordinance establishing water and sewer rates for customers in the Berry Creek service area for billing periods after September 30, 1995/Susan Morgan Morgan read the caption. Motion by Hoyt, second by Vincent to approve Ordinance 95-52 on second reading. Approved 5-0. PP Second reading of an ordinance amending the fuel flowage fee rates charged at the Georgetown Municipal Airport/Travis McLain and Hartley Sappington McLain read the caption. Motion by Tonn, second by Bain to approve Ordinance 95-53 on second reading. Approved 4-0. (Curl abstained) QQ Consideration of scheduling a special Council Meeting the week of October 16 and setting earlier time for the regular Council Meeting on October 24/Bob Hart Hart explained the necessity of holding a special meeting regarding the issuance of industrial revenue bonds for Triple S Plastics, and the need to shorten the regular meeting scheduled for October 24, due to the TML Meeting in Dallas. It was decided to hold the special meeting on Wednesday, October 18. Council action scheduled for the regular meeting of October 24 should be moved up to the agenda on October 18, if possible. The meeting on October 24 would begin at 5:30 p.m. with a Public Hearing on impact fees at 7:00 p.m. After the Public Hearing, the meeting would be adjourned so that four of the Councilmembers could drive to Dallas for special sessions that begin on Thursday morning. City Council Minutes/September 26, 1995 Page 9, of 10 Pages RR Final comments and evaluation of meeting process There were no final comments. The meeting was adjourned at 9:39 p.m. Approved: Leo Wood, Mayor City Council Minutes/September 25, 1995 Page 10 of 10 Pages Attest: F / F � Sandra D. Lee, City Secretary